A.P.C.S.

(Conduct) Rules, 1964

• WHY CONDUCT RULES ARE REQUIRED
• The efficiency of Government depends on the
conduct of the Government servants in the
discharge of their duties and on their behavior
with public.
• Discipline is the foundation of any orderly State
or society.
• Because it the public that are affected by any
misconduct on the part of Government Servant.
 A.P.C.S.(Conduct) Rules, 1964
• Since any misconduct of the Government servant
reflects on the Government itself, it is essential
that the Government should regulate the conduct
of the Government servants to see to the interest
of the Government as well as safeguard the
interest of the public.
• Therefore the Govt. framed conduct rules for its
employees which they should not only obey in
discharge of their official duties, but also they
should observe certain standard in dealing with
public and also in their private life.
 MISCONDUCT
• Misconduct is not defined in any conduct rules
• Dictionary meaning is: ‘It is a violation of
definite law; a forbidden act.’
• Law Lexicon defines as: ‘It implies a wrongful
intention and not a mere error of judgement.’
• Misconduct may mean “to mismanage, wrong
or improper conduct, bad behaviour, unlawful
behavior or conduct.”.
• It does not necessarily imply corruption or
criminal intent.
 MISCONDUCT
• Misconduct is something more than mere negligence.
It is the intentional doing of something which the doer
knows to be wrong or which he does recklessly not
caring what the result may be.[Rasabathi Bewa vs
Union of India, AIR 1961 Ori 113]
• Where a Govt. servant fails to give satisfactory account
of his acquisition of property which is quite
disproportionate to his known sources of income he
can be considered to have committed grave
misconduct under the provisions of the Conduct
Rules.[Bharat Ram Vs Union of India, AIR 1967 Pat.347]
• Disproportionate assets is also criminal misconduct
under Sec 13 of Prevention of Corruption Act, 1988.
 MISCONDUCT
• The term ‘misconduct’ is wide enough to
include wrongful commission or omission,
whether done or omitted to be done,
intentionally or unintentionally.
• A misconduct arises if a person does what he
should not have done and does not do what
he should have done.
[B.N.Railway Co. Vs Moolji Sicka Co. AIR 1930
Cal. 815]
•
Criminal Misconduct
Sec. 13 of Prevention of Corruption Act, 1988 defines the offence of Criminal Misconduct.
• 13. Criminal misconduct by a public servant.- (1) A public servant is said to commit the offence of criminal misconduct.-
• (a) if he habitually accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other
person any gratification other than legal remuneration as a motive or reward such as is mentioned in Section 7; or
• (b) if he habitually accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other
person, any valuable thing without consideration or for a consideration which he knows to be inadequate from any person whom
he knows to have been, or to be , or to be likely to be concerned in any proceeding or business transacted or about to be transacted
by him, or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from
any person whom he knows to be interested in or related to the person so concerned; or
• (c) if he dishonestly or fraudulently misappropriates or otherwise converts for his own use any property entrusted to him or
under his control as a public servant or allows any other person so to do ; or
• (d) if he .-
• (i) by corrupt or illegal means, obtains for himself or for any other person any valuable thing or pecuniary advantage ; or
• (ii) by abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary
advantage; or
• (iii) while holding office as a public servant obtains for any person any valuable thing or pecuniary advantage without any public
interest ; or
• (e) if he or any person on his behalf , is in possession or has , at any time during the period of his office , been in possession for
which the public servant cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of
income.
•
• Explanation:- For the purposes of this section , “known sources of income" means income received from any lawful source and such
receipt has been intimated in accordance with the provisions of any law , rules or orders for the time being applicable to a public
servant.
• (2) Any public servant, who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not
less than one year but which may extend to 7 years and shall also be liable to fine.
 Conduct Rules
• Code of Conduct as set out in the Conduct Rules
clearly indicates the conduct expected from a
member of service.
• It would follow that conduct which is blame-
worthy for the Government servant in the
context of Conduct Rules would be misconduct.
• Gross or habitual negligence in performance of
duty in service, may not involve mens rea but
may still constitute misconduct for disciplinary
proceedings.
• [Union of India Vs J. Ahmed, AIR 1979 SC 1022]
 ANDHRA PRADESH CIVIL SERVICES
(CONDUCT) RULES, 1964.
• In exercise of the powers conferred by the
proviso to article 309 of the constitution of
India, the Governor of Andhra Pradesh
hereby makes the following rules to regulate
the conduct of Government Employees.
 A.P.C.S.(Conduct) Rules, 1964

• 1. (1) These rules may be called the Andhra

Pradesh Civil Services (Conduct) Rules, 1964.

• (2) They shall apply to every person who is

member of a civil service of the State or holds
any civil post under the state or in connection
with the affairs of the state :
 Conduct Rules
• 3. General Rules (Unbecoming of Govt. Servant)
• 4. Strikes
• 5. Demonstrations
• 6. Gifts, Service entertainment addresses and other forms of felicitation
(Foreign Currency)
• 7. Subscription
• 8. Lending, Borrowing and Insolvency
• 9. Acquiring or disposing of immovable/moveable property (Annexure-I, II)

• 10. Private Trade, Business and Investment

• 11. Promotion, Registration or management of any bank or other registered
company.
• 12. Private Employment
• 13. Publications of Books
 Conduct Rules
• 14. Communication of Official documents or information
• 15. Connection with Press
• 16. Participation in Radio Broadcast and contribution to newspapers and periodicals

• 17. Criticism of the policy or action of Government or any other State Government or
Central Government.
• 18. Evidence before any committee, commission or other authority
• 19. Participate in political movement
• 20. Vindication of Acts and Character of a Government employee
• 21. Working with or under near relatives in Government Service
• 22. Employment of a member of family in a pvt. Firm
• 23. Not to deal in official capacity with matter concerning himself, his relatives or
dependents.
• 24. Influencing the authorities for furtherance of interests
• 25. Bigamous Marriage, Dowry
• 26. Intoxicating Liquor
 Conduct Rules
• Rule 3 to 26 prescribe code of conduct for
members of service and it can be safely stated
that an act or omission contrary to or in breach of
any of these prescribed rules of conduct would
constitute misconduct for disciplinary
proceedings.
• This code of conduct is not exhaustive. Some
other act or omission, either in office or outside,
may as well constitute misconduct and can be
proceeded under the general rule 3 for
unbecoming of Govt. servant.
 Remember my slide on “Subject to the provisions of
the Constitution” on Art 309 in last lecture

• - Means- law making power of legislature and

rule making power of the executive (Under
the Proviso) must not contravene any
provision of the constitution.
• Examples: Art.310, 311, 320
• Such laws and rules are also subject to other
provisions of the constitution contained in
Arts: 14,15,16,19,98,146,187,229,234 etc.
 Conduct Rules and Constitution- Comments
• After going through conduct rules, especially those which
restricts one of the six freedoms granted by Art. 19 of the
Constitution, you may feel that the conduct rules which are
subject to the other provisions of the Constitution, itself violates
some provisions of Fundamental rights in regard to Govt.
servants. That feeling is right. But the conduct rules remain in
force and have to be followed by Govt. servants, so long as they
are not struck down by a Court of Law.
• One can challenge Govt. action under conduct rules for violation
of Fundamental Right in a court of Law.
• Pl read the illuminating article by Alladi Kuppuswami on
‘Conduct Rules and Fundamental Rights’ available on internet on
the site
• “http://www.hinduonnet.com/fline/fl1618/16180860.htm”
 Remarks from the Article of
Sri Kuppuswamy
• Under Article 13, the state shall not make any law
which takes away or abridges fundamental rights and
any law made in contravention of this clause shall be
void.
• Hence, if the restrictions imposed by a conduct rule
are not reasonable restriction and contravenes or
abridges any of the Fundamental Rights, then such
rules is ultra virus of the constitution and hence is void.
• No punishment can therefore be imposed under a void
rule!
• http://www.hinduonnet.com/fline/fl1618/16180860.ht
m
 Conduct Rules
• General
• 3 (1) : Every Government employee shall be
devoted to his duty and shall maintain
absolute integrity, discipline, impartiality and
a sense of propriety.
• (2) No Government employee shall behave in
a manner which is unbecoming of such
employee or derogatory to the prestige of
Government.
 Integrity
• If a public servant is required to maintain integrity and
to be devoted to duty, he is merely being asked to keep
within the bounds of that administrative decency
which goes by the name of civilized administration.
• Integrity is uprightness, honesty or purity.
• ‘Integrity’ is now used in a wider sense in Rule 3 of the
Conduct Rules which implies acceptance of full
responsibility of the job assigned to a public servant.
• The rule relating to absolute integrity now requires
that every Govt. servant will act in his best judgement
except when he is acting under directions of official
superior.
 Devotion to Duty
• The expression ‘devotion to duty’ appears to
have been used as something opposed to
indifference to duty or easygoing or light-
hearted approach to duty.
• An officer who is habitually lazy or makes
mistakes frequently or is not polite or
decorous may be considered unsuitable for
the service as lacking devotion to duty.
 Unbecoming conduct
• The term unbecoming conduct is not defined
anywhere. It is a vague concept and not
amenable for definition.
• Any conduct which is not appropriate or befitting
the position of a Government servant may be
considered as unbecoming conduct.
• A Govt. servant is expected to maintain a
responsible and decent standard of conduct in his
private life and not bring discredit to his service
by his misdemeanors.
 Unbecoming conduct- Continued
• It is not possible to give an exhaustive list of
actions which would be unbecoming of a
Government servant.
• There are well understood norms of conduct of
morality, decency, decorum and propriety in any
society and they are also conduct becoming of
Government servants. A fall from such standard
would render an act unbecoming of Government
servant.
• In final analysis, an act of unbecoming conduct is
that act which the disciplinary authority feel so.
 Conduct Rules - General Rule 3 -
continued

• 3-B: "Promptness and courtesy No

Government Servant shall –
• (a) in the performance of his official duties,
act in a discourteous manner;
• (b) in his official dealings with the public or
otherwise adopt dilatory tactics or willfully
cause delay in disposal of the work assigned to
him."
 General Rule 3 - continued

• 3-C: Prohibition of sexual harassment of

working women.
• ``No Government employee shall in the
performance of his official duties act in a
discourteous and discriminate manner with
any working women or indulge in sexual
harassment either directly or by implication''.
 General Rule 3 - continued

• 3 (5) ``Every Government servant holding a

supervisory post shall take all possible steps to
ensure the integrity and devotion to duty of all
Government servants for the time being under
his control and authority''.
• Explanation :- ``A Government servant who
habitually fails to perform the task assigned to
him within the time set for the purpose and with
the quality of performance expected of him shall
be deemed to be lacking in devotion to duty.’'
 General Rule 3 - continued

• (6) Prohibition regarding employment of

children below 14 years of age:- No member
of the service shall employ to work any child
below the age of 14 years.
 Strikes
• 4. No Government employee shall participate in any strike
or similar activities or incitement thereto.
• Explanation:- The expression "Similar activities" shall be
deemed to include-
• (i) absence from duty or work without permission.
• (ii) neglect of duty with the object of compelling any
superior officer or Government to take or omit to take any
official action;
• (iii) any demonstrative fast, like Hunger Strike with the
object mentioned in item (ii); or
• (iv) concerted or organized refusal on the part of
Government employees to receive their pay.
 Demonstrations
• 5. No Government employee shall participate
in any demonstration which is against the
interests of the sovereignty and integrity of
India or Pubic order.
 Gifts etc.
• Gifts, Service Entertainment addresses and addresses and other
forms of felicitation
• 6. (1) No Government employee shall :-
• (i) accept, or permit any member of his family to accept from
any person any gift, the receipt of which, or any service the
performance of which will place such employee under any kind of
official obligation or embarrassment in relation to any person if,
however, the offer of a gift cannot be refused without giving undue
offence to the donor, it may be accepted and the matter reported
to the Government for decision as not its disposal; or
• (ii) receive any address or accept any felicitation or entertainment
held in his honour ;
• (iii) stay in any Guest House owned by a private person and enjoy
his hospitality.
 Gifts etc.
• Provided that nothing in this sub-rule shall apply to :-
• (a) gifts of flowers or fruits of trifling value.
• (b) gifts of a value, reasonable in all circumstances of the
case, from relations, and gifts of a value of less than two
hundred rupees from personal friends presented to a
Government employee or to any member of his family on
ceremonial occasions such weddings;
• (c) the performance of an occasional service of a trifling
character;
• (d) the sitting for a group photo with officers and the
members of the staff of his office.
 Gifts etc.-continued
• (2) If any question arises whether the receipt
of a gift or the performance of a service places
the Government employee under any kind of
official obligation or embarrassment, the
decision of Government thereon shall be final.
 Foreign currency or Goods
• 6-A: Every Government Employee shall
intimate to the Competent Authority within
fifteen days from the date of receipt of any
foreign currency or foreign goods of value of
more than Rs.10,000/- from any person by
him or by any person of his family or by any
person on their behalf, in the form given in the
Annexure III to these rules.
 Subscription
• 7. No Government employee shall, except
with the previous sanction of Government,
ask for, or accept or in any way participate in
the raising of, any subscriptions or other
pecuniary assistance in pursuance of any
object whatsoever.
 Lending borrowing and insolvency
• 8 (1) No Government employee shall, save in ordinary
course of business with a bank or a public limited company,
himself or through any member of his family or any person
acting on his behalf.
• (a) lend or borrow or deposit money as a principal or agent,
to, or from, or with any person or firm or private limited
company within the local limits of his authority or with
whom he is likely to have official dealings or otherwise
place himself, under pecuniary obligation to such person or
firm; or
• (b) lend money to any person at interest or in manner
whereby return in money or kind is charged or paid ;
 Lending borrowing and insolvency-
Provisos to (1)
• Provided that a Government employee may give
to, or accept from a relative or a personal friend a
purely temporary loan of small amount free of
interest or operate a credit account with a
bonafide tradesman or make an advance of pay
to his private employee;
• Provided further that nothing in this sub-rule
shall apply in respect of any transaction entered
into by a Government employee with the
previous sanction of the Government.
 Lending borrowing and insolvency- would
embarrass or influence him in the discharge of
his official duties
• (1-A) When a Government employee is
appointed or transferred to a post of such
nature as would embarrass or influence him in
the discharge of his official duties or involve
him in the breach of any of the provisions of
sub-rule (1). He shall forthwith report the
circumstances to the Government and shall
thereafter act in accordance with such order
as may be made by the Government.
Lending borrowing and insolvency- not
apply to any transaction with a co-
operative society
• (2) The prohibition in sub-rule (1) shall not
apply to :-
• (i) any transaction of a Government employee
with a co-operative society registered or
deemed to have been registered under the
law relating to co-operative societies for the
time being in force in the State;
Lending borrowing and insolvency- to
avoid habitual indebtedness
• (3) A Government Employee shall so manage
his private affairs as to avoid habitual
indebtedness or insolvency. A Government
employee who is involved in legal proceedings
for insolvency shall forthwith report the full
facts to Government.
 Private Trade Business and as
Investment
• 10. (1) No Government employee shall engage
directly or indirectly in any trade or business
save in the course of his official duties.
Explanation: Canvassing by a Government
servant in support of the business of
Insurance agency. Commission agency and
the like owned or managed by his wife or any
other member of his family shall be deemed
to be breach of this sub-rule
 Private Trade Business and as
Investment
• (1-A) Every Government employee shall report to the
Government if any member of his family is engaged in
trade and business or owns or manages an insurance
agency or Commission agency.
• (2) No Government employee shall speculate in any
investment.
• (3) No Government employee shall make, or permit
any member of his family to make, any investment
likely to embarrass or influence him in the discharge of
his Official duties.
• (4) The decision of Government shall be final in respect
of any question arising under this rule.
 Promotions and Management of
companies in Private capacity
• 11. No Government employee shall in his private capacity, except
with the previous sanction of Government, take part in the
promotion, registration or management of any bank or other
company registered under the relevant law for the time being in
force.
• Provided that a Government employee may, in accordance with the
provisions of any general or special order of Government, take part
in the promotion, registration or management of a co-operative
society registered under any law relating to co-operative societies
for the time being in force in the State:
• Provided further that no Government employee shall, without the
previous sanction of the Government except in the discharge of his
official duties, take part in promotion, registration or management
of any co-operative society for Commercial purpose.
 Private Employment
• 12. No Government employee shall , except with the previous sanction of
Government negotiate for or undertake any employment or work other
than that connected with the official duties.
• Provided that a Government employee may, without such sanction,
participate in sports activities as an amateur, undertake honorary work of
a special or charitable nature, or occasional work of literary artistic or
scientific character or any examiner ship or remuneration, offered
therefore by the Union Public Service Commission, Institute of Secretariat
training and management of Government of India, the Andhra Pradesh
Public Service Commission, the State Board of Technical Education and
training or the board of Secondary Education, Andhra Pradesh or by any of
the Universities in the State of Andhra Pradesh, the Board of Intermediate
Education, Andhra Pradesh, Subject to the condition that such work or
examiner ship does not interfere with his official duties but he shall not
undertake or shall discontinue such work; or examiner ship, if so directed
by Government.
 Publications of books
• 13. No Government employee shall, without the
previous permission of Government, publish any book,
which is not purely of a literary artistic or scientific
character. While applying for permission to publish a
book he shall submit to Government a manuscript copy
thereof :
• Provided that an employee who publishes book with or
without the previous permission of Government shall
not canvass for its sale in any manner and it shall also
be open to Government to insist on the sale of the
Copyright in any such book
 Communication of official documents
or information.
• 14. No Government Employee shall, except
accordance with any general or special order of
Government, communicate directly or indirectly
any official document or any of its contents or
any official information, to any Government
employee not authorized to receive the same, or
to any non-official person or the Press.
• Exception: Furnishing information under Artifact
 Connection with Press
• 15. No Government employee shall except
with the previous sanction of Government,
own wholly or in part, or conduct, or
participate in the editing or the management
of, any newspaper or non-government
publication.
 Participation in Radio Broadcast
contribution to News papers and
Periodicals.
• 16 (1) No Government employee shall, except with the previous
sanction of Government or any authority empowered by them in
this behalf or in the course of discharge of his official duties,
participate in a Radio broadcast or Drama or Tele-serial or Feature
Film or contribute any article or write any letter in his own name or
anonymously, pseudonymously or in the name of any other person
to a newspaper or periodical:
• Provided that no such sanction is necessary if such broadcast or
Drama or Tele-serial or Feature Film or article or letter is of a purely
literary, artistic or scientific character, or if such broadcast relates to
a talk arranged under the general or special order of Government;
and the Government employee may accept the remuneration
prescribed for such broadcasts, Dramas or Tele-serials or Feature
Films or articles or letters.
 Criticism of the policy or action of Govt. or
any other State Govt. or Central Govt.

• 17. (1) No Government employee shall, by any public utterance, written or

otherwise, criticize any policy or action of Government or any other State
Government the Central Government; nor shall he participate in any such
criticism;
• Provided that nothing in this rule shall be deemed to prohibit any Government
employee from participating in discussions, at any private meeting solely of
Government employees or of any association of Government employees of
matters which effect the interest of such employees individually or generally;
• (2) No Government employee shall, in any writing published by him, or in any
communication made by him to the press, or in any public utterance delivered by
him, make any statement of fact or opinion which is likely to embarrass-
• (i) The relations between the Central Government or the Government of any State
and the people of India or any section there of.
• (ii) the relations between the Central Government and the Government of any
foreign State.
Criticism of the policy or action of Govt. or
any other State Govt. or Central Govt.
• (3) A Government employee who intends to
publish any document or to make any
communication to the press or to deliver any
public utterance containing statements in respect
of which any doubt as to the application of the
restrictions imposed by sub-rule (2) may arise,
shall submit to Government the draft of such
document, communication or utterance and
shall, thereafter, act in accordance with such
orders as may be passed by Government.
 Evidence before any committee,
commission or other authority
• 18. (1) No Government employee shall give evidence in connection with
any inquiry conducted by any committee, Commission or other authority:-
• (a) in India, except with the previous permission of Government;
• (b) outside India, except with the previous sanction of the Central
Government;
• (2) There any sanction is accorded under sub-rule (1), no Government
employee giving such evidence shall criticise the policy of the Central
Government or of a State Government.
• (3) Nothing in sub-rule (1) shall apply to--
• (a) evidence given before a statutory committee, commission or other
authority which has power to compel attendance and the giving of
answers;
• (b) evidence given in judicial inquiries;
• (c) evidence given at any departmental inquiry ordered by Government or
any authority subordinate to them.
 Association with Political Activity
• 19. (1) No Government employee shall be a member of, or be otherwise
associated with, any political party or any organisation in respect of which
there is slightest reason to think that the organisation has a political
aspect and takes part in politics; nor shall he participate in, subscribe in
aid of, or assist in any other manner, any political movement or activity.

• (2) It shall be the duty of every Government employee to endeavour to

prevent any member of his family from taking part in, subscribing in aid of,
or assisting in any manner any movement or activity which is, or tends
directly or indirectly to be, sub-versive of the Central Government or of a
State Government, being prejudicial to national security; and where a
Government employee is unable to prevent a member of his family from
taking part in, or subscribing in aid of, or assisting in any other manner,
any such movement or activity, he shall make a report to that effect to
Government.
 Association with Political Activity
• (3) Nothing in sub-rule (2) shall apply in respect
of any member of the family of a Government
employee standing for an election to Parliament
or any House of a State Legislature or local
authority or body or canvassing for other
candidates in any such election.
• (4) If any question arises as to whether any
movement or activity falls within the scope of this
rule, the decision of Government thereon shall be
final.
 Association with Political Activity
• (5) No Government employee shall canvass or otherwise interfere
or use his influence, in connection with, or take part in, an election
to Parliament or any House of a State Legislature or any local
authority or body:
• Provided that:-
• (i) A Government employee qualified to vote at such election may
cost his vote but, where he does so, he shall give no indication of
the manner in which he proposes to vote or has voted;
• (ii) a Government employee shall not be deemed to have
contravened the provisions of this rule by reason only that he has
assisted in the conduct of an election in the due performance of a
duty imposed on him by or under any law for the time being in
force.
 Association with Political Activity
• (6) The display by a Government employee on his
person, vehicle, residence or any of his property,
of any election symbol shall amount to using his
influence in connection with an election within
the meaning of sub-rule (5).
• (7) The provisions of sub-rules (5) and (6) shall
not apply to a Government employee required or
permitted by or under any law or order of
Government to be a candidate at an election to a
local authority or body.
 Vindication of acts and character of a
Government employee as such.
• 20 (1) No Government employee shall, except with the
previous sanction of Government, have recourse to the
press or any court for the vindication of his official act
which has been the subject matter of adverse criticism or
an attack of a defamatory character in public.
• (2) Nothing in sub-rule (1) shall be deemed to prohibit a
Government employee from vindicating his private
character or an act done by him in his private capacity.
• (3) No Government employee shall, except with the
previous sanction of Government, accept from any person
or body compensation of any kind for malicious
prosecution or defamatory attack in respect of his official
act unless such compensation has been awarded by a
competent court of law.
 Working with or under, near relatives
in Govt. Service.
• 21. (1) Every member of a State Service shall
inform his immediate official superior if a
member of a State or Subordinate Service,
who is his near relative is to work under him.
• (2) Every member of a State or Subordinate
Service shall inform his immediate official
superior if he is to work under a member of an
All India Service or a State Service who is his
near relative.
 Employment of a member of the
family in a private firm.
• 22. Whenever a member of the family of a
Government employee who is solely
dependent on him wishes to accept
employment under any person, or with any
firm or company, having official connection
with such Government employee or
Government, the Government employee shall
obtain the prior sanction of Government for
such employment
 Govt. employee not to deal in his
official capacity with matters
concerning himself, his relatives or
dependents.
• 23. No Government employee shall deal, in his
official capacity, with any matter which
directly or indirectly concerns himself or any
of his relatives or dependents.
 Influencing the authorities for
furtherance of interests
• 24. (1) No Government employee shall bring or attempt to bring any
extraneous influence to bear upon any authority for the furtherance his
interests.
• (2) A Government employee causing his own case to be made the subject
of an interpellation in either House of Parliament or State Legislature or of
discussion in the Andhra Pradesh Regional Committee shall be deemed to
have contravened the provisions of sub-rule (1).
• (3) It will be improper for a Government employee who makes any
representation to the competent authority through the proper channel, to
bother the higher authorities with advance copies thereof:
• Provided that a Government employee may send a copy of any
representation made to the competent authority through the proper
channel, direct to the higher authorities if the representation is made
after exhausting such of the statutory remedies as were open to him and
after receiving intimation that his representation has been withheld.
 Bigamous marriage
• 25. (1) No Government employee who has a wife living shall
contract another marriage without first obtaining the permission of
the Government, notwithstanding that such subsequent marriage is
permissible under the personal law for the time being applicable.
• "Provided that where the personal law provides for second or
subsequent marriage, the Government employee shall, while
seeking permission to contract another marriage, produce
documentary evidence in support of "Divorce or Talaq" in respect of
previous marriage and the manner in which the same was secured
or pronounced and intimated to the first or former wife".
• (2) "No female Government servant, whether unmarried or widow
or divorced, as the case may be, shall marry any person who has a
wife living without first obtaining the permission of the
Government, though the parties are governed by the personal law
which otherwise permits contracting more than one marriage while
the prior marriage is subsisting".
 Dowry.
• 25. A No Government servant shall--
• (i) give or take or abet in giving or taking of
dowry; or
• (2) demand, directly or indirectly, from the
parents or guardian of a bride or bridegroom as
the case may be; any dowry.
• Explanation:- for the purpose of this rule "dowry"
has the same meaning as in the Dowry
Prohibition Act, 1961. (A Central Act 28 of 1961).
 Intoxicating Drinks or Drugs
• 26-Drinking: Notwithstanding anything contained in
the provisions of any Law relating to intoxicating drinks
or drugs for the time being in force in any area, no
Government employee shall -
• (i) while on duty, be under the influence of such drinks
or drugs to such an extent as to render him incapable
of discharging his duty properly and efficiently; or
• (ii) appear in a public place in a state of intoxication; or
• (iii) consume such drinks or drugs in excess.”
 Saving of other Laws.
• 29. The provisions of these rules shall be in
addition to, and not in derogation, of any
other law or order of any competent
authority, for the time being in force,
regulating the conduct of Government
employees in the State.
 Acquiring or disposing of immovable
property
• 9(1) No Government employee shall, except after
previous intimation to Government, acquire or
dispose of or permit any member of his family to
acquire or dispose of, any immovable property by
exchange, purchase, sale, gift or otherwise either
by himself or through others.
• Provided that any such transaction conducted
otherwise than through a regular or reputed
dealer shall be with the previous sanction of
Government
 Acquiring or disposing of immovable
property
• ``Provided further that the Government employee shall
submit the particulars giving prior intimation or seeking
prior sanction, in the prescribed format :-
• 1) Name and Designation
• 2) Scale of Pay and Present Pay
• 3) Purpose of application – sanction for transaction / prior
intimation or transaction
• 4) Whether property is being acquired or disposed of.
• 5) Probable date of acquisition / disposal of property
• 6) Mode of acquisition/ disposal
 Acquiring or disposing of immovable
property
• 7) (a) Full details about location Viz., Municipal No., Street/
Village, Mandal, District and State in which situated.
• (b) Description of the property in the case of cultivable
land, dry or irrigated land.
• (c) Whether free hold or leasehold
• (d) Whether the applicants interest in the property is in full
or part (in case of partial interest, the extent of such
interest must indicated)
• (e) in case the transaction is not exclusively in the name of
the Government servant particulars of ownership and share
of each member.
• 8) Sale/ purchase price of the property (Market value in the
case of gifts)
 Acquiring or disposing of immovable
property
• (8)(A) The Government or any authority
empowered by them in this behalf may,
require a Government servant to render a full
and true account of the cash found his
possession at any time and such account shall
include particulars of the means by which and
the sources from which such cash was
acquired. (G.O.Ms.No. 7, G.A. (Ser.C) Dept.,
Dt.16-1-2004)
 Acquiring or disposing of immovable
property
• 9) In cases of acquisition, source or sources from which financed /
proposed to be financed :-
• (a) Personal savings
• (b) Other sources giving details
• 10) in the case of disposal of property, was requisite sanction / intimation
obtained given for its acquisition. A copy of the sanction/
acknowledgement should be attached.
• 11) (a) Name and address of the party with whom transaction is proposed
to be made.
• (b) Is the party related to the applicant? If so, state the relationship.
• (c) Did the applicant have any dealings with the party in his official
capacity at any time, or is the applicant likely to have any dealings with
him in the near future?
• (d) How was the transaction arranged? (whether through any statutory
body or a private agency through advertisement or through friends and
relatives. Full particulars to be given)
 Acquiring or disposing of immovable
property
• Where previous sanction is asked for, the
application should be submitted at least 30 days
before the proposed date of the transaction.
• Provided also that the Government employee
shall submit the request to Government seeking
prior permission duly obtained acknowledgement
of having made such a request and if no
permission is received within one month, he / she
may go ahead with the transaction.
 Movable Property
• (2) A Government employee who enters into any
transaction concerning any movable property
exceeding rupees fifty thousand in value, whether by
way of purchase, sale or otherwise, shall forth with
report such transaction to Government
• Provided that any such transaction conducted
otherwise than through a regular or reputed dealer
shall be with the previous sanction of Government.
• (3) Nothing in sub-rule (2) shall apply to any purchases
made by a Government employee for the performance
of weddings, religious or special functions.
 Movable or Immovable property
• (4) No Government employee shall engage in
any transaction which is of a speculative
character relating to the purchase, sale or
exchange of any immovable or movable
property.
 Statement of Immovable & movable
properties
• (7) Every Government Employee shall on first appointment to the
Government Service submit to Government a statement of all immovable
property/ properties irrespective of its value and movable property/
properties whose value exceeds Rs.50,000/- owned, acquired or inherited
by him or held by him on lease or mortgage either in his own name or in
the name of any member of his family, in the forms prescribed in
Annexure-I and II separately.
• He shall also submit to Government before 15 January of each year,
through the proper channel, a declaration in the forms given in the
Annexure-I and II of all immovable/movable property/properties owned,
acquired or inherited by him or held by him on lease or mortgage, either
in his own name or in the name of any member of his family.
• The declaration shall contain such further information as Government
may, by a general or special order require. If in any year, a Government
employee has not acquired or disposed of any immovable or movable
property or any interest therein, he shall submit declaration to that effect.
 General power of Govt. for obtaining
details of properties at any time
• (8) The Government, or any authority
empowered by them in this behalf may, at any
time, by general or special order, require a
Government employee to submit, within a
specified period, a full and complete statement of
all immovable property and movable property, of
the specified value, held or acquired by him or by
any member of his family. Such statement shall, if
so required by Government or by the authority so
empowered, include particulars of the means by
which or the sources from which, such property
was acquired.
Report of immovable properties in the
District of posting
• (9) If a Government employee receives an
order of transfer to a district in which he
possesses, or has an interest in any
immovable property, he shall forthwith report
the fact to his immediate superior officer.
 Comments
• 1. The statement of immovable properties have to be submitted in a Form in Annexure-I.
• ANNEXURE-I
• Statement of immovable property possessed, acquired and disposed of by Sri ------ --- or any other person on his
behalf or any member of his family during year ending --------------- (Sub-rule (7) of rule 9 of APCS (Conduct)
Rules 1964)-
• Nature of property Situation of property (Survery Municipal No. with extent. )
• (1) (2)
• Held in whose name Date and mode of acquisition/disposal.
• (3) (4)
• 1. House
• 2. Flat
• 3. Shop
• 4. House Plot
• 5. Agril. land (dry or wet)
• 6. Any other immovable property.
• Price paid/ obtained source of Payment
• (5) (6)
• Whether information given or sanction obtained (with ref. no .&date ) Annual income from
property
• (7) (8)
• Note:- Details of acquisition of properties standing in the name of Hindu undivided family or partnership in
which the officer holds a claim or share should be separately shown in the statement.
 Comments
• Annual Property Statement should contain those
properties which are acquired by Govt. servant
out of his own resources. It is immaterial whether
he buys that property in he own name or in the
name of any member of his family.
• The property statement need not contain the
properties of the spouse. But it is safe to report
such properties under a different heading
‘Properties acquired by wife/Husband out of
her/his own resources’.
 Comments
• Because such reporting will stop Govt. from
adding those properties of the spouse against
your name in any future enquiry regarding
disproportionate assets possessed by the
Govt. servant.
• Not filing of this property return is considered
as minor misconduct by the Central Vigilance
Commission for which only punishment of
‘Censure’ could be awarded.
 Comments
• Judge yourself whether the following Conduct rules
abridges fundamental rules:
• Rule 6: Permit any member of his family to accept gift.
• Rule 13: Publication of Books
• Rule 16(1): Participation in Radio Broadcast or
contribution to News Papers.
• Rule 17(1): Criticism of the policy of Govt.
• Rule 18(1): Evidence before committee or commission.
• Rule 20 : Vindication of acts and character
• Rule 22: Employment of a member of family in a
private firm.
 Criminal Misconduct
• 13. Criminal misconduct by a public servant.-
(1) A public servant is said to commit the
offence of criminal misconduct.-
• (e) if he or any person on his behalf , is in
possession or has , at any time during the
period of his office , been in possession for
which the public servant cannot satisfactorily
account, of pecuniary resources or property
disproportionate to his known sources of
income.
 Criminal Misconduct
• Anti Corruption Bureau (ACB)is the designated
organization to book cases and investigate under
‘Prevention of Corruption ACT,1988’.
• Mostly they will be booking case for possession of
assets disproportionate to known sources of income
Sec. 13(1)(e)besides the trap cases.
• Therefore it is very essential that a record of assets and
resources are maintained right form the beginning of
the service.
• And one should be very careful with regard to
immovable property as it cannot be disposed off at
short notice or with back date.
THANK YOU